Article 1 - Identification
Société GR Services, whose head office is located at Rue du Petit Ry 82, 1340 Ottignies Belgium and registered with the Belgium Crossroads Bank of Companies under the business number 0733.911.995.
Article 2 - Applications
GR Services is a marketing and sports services company, and as such provides on-demand marketing services (e.g. the design and execution of advertising campaigns, etc.) and provides the website, www.gofox.eu (the "Site"), Gofox App (the ”App”), and related services.
These General Terms and Conditions of Sale, hereinafter referred to as the “GTCS”, set out the terms of the contract between the Customer and GR Services and express all obligations and rights of both parties. All services provided by GR Services are subject to these GTCS. They may be supplemented and/or amended by special terms and conditions.
The General Terms and Conditions of Business can be viewed at all times on the Gofox website. They are subject to change at any time and without prior notice. The applicable GTCS are those in force on the site on the date of the Customer's registration to the App. They can be identified by a version number and a date of drafting. By registration to the App, the Customer declares that he has the full legal capacity to enter into a commitment and declares that he adheres without restriction or reservation to these GTCS.
Article 3 - Offer
Unless otherwise stipulated in our special terms and conditions, only the very first registration to the App with all of its functionalities is for free during a period of 30 calendar days starting at the registration date.
After this period, Customers have 2 choices:
The Customer acknowledges that he has been fully informed about the characteristics of the material and/or service and does not require any further information.
Unless otherwise stated, our prices are denominated in euros, taxes, and fees included and may be adjusted after each period of subscription (12 months from purchasing date).
Article 4 - Disclaimer Regarding Medical Advice
You rely on any information provided by the App at your own risk. GR Services assumes no liability or responsibility either for the contents of any information provided, or for damage or injury to persons or property arising from any use of any information, idea, or instruction contained on the Site and/or the App. GR Services reserves the right to change or discontinue any aspect or feature of the Site and/or App at any time without prior notice.
Article 5 - Safety and Disclaimer of Consequential Damages
THE USE OF THE SITE AND/OR APP CONTENT IS AT YOUR OWN RISK.
The information on the Site and the App are presented for the purpose of educating field hockey players, trainers, coaches, managers, and participation in field hockey physical activities. No physical activity should be engaged in without first consulting a physician. Furthermore, Gr Services makes no claims about the safety or appropriateness of any information found on Site and/or the App, nor about the results to be obtained from using the Site and/or the App or Content and consequently cannot be liable for any resulting loss, damage or injury. The Site and the App and the Content are provided on an "as is" basis without any warranties of any kind.
GR Services, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of Third-Parties' rights, and fitness for particular purpose. GR Services make no representations or warranties about the accuracy, reliability, completeness, currentness or timeliness of the content, software, text, graphics, links, or communications provided on or through the use of Site and/or the App. GR Services makes no warranty that the use of the Site and/or the App will be uninterrupted, timely, secure or error-free.
In no event shall GR Services be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use Site and/or the App or the Content thereof, whether based on warranty, contract, tort or any other legal theory, and whether or not GR Services is advised of the possibility of such damages.
Complaints must be sent in writing and within 5 days to the registered office of GR Services, whose address appears in Article 1 of this GTCS.
Article 6 - Using the App
Gofox Account. You’ll need a Gofox Account to access the App. Your Gofox Account lets you sign into the free agenda module and to the large library of training exercises and programs available for a fee.
You can create a Gofox account by signing up online. You agree not to use any false, inaccurate or misleading information when signing up for your Gofox account. To protect your account, keep your account details and password confidential. You are responsible for all activity that occurs under your Gofox account.
If we reasonably suspect that your Gofox account is at risk of being used by a third party fraudulently (for example, as a result of an account compromise), GR Services may suspend your account until you can reclaim ownership. Based on the nature of the compromise, we may be required to disable access to some or all of Your Content. If you are having trouble accessing your Gofox account, please visit our FAQ on our website (https://gofox.eu).
By signing up, you represent that you have either reached the age of "majority" where you live or have valid parent or legal guardian consent to be bound by these Terms and Conditions. If you do not know whether you have reached the age of majority where you live, or do not understand this section, please do not create a Gofox account before you have asked your parent or legal guardian for help and consent. If you are the parent or legal guardian of a minor who creates a Gofox account, you and the minor accept and agree to be bound by these Terms and Conditions and you are responsible for supervising your minor in the use of the Gofox account and/or Services, including subscription fee, whether the minor’s account is now open or created later.
In addition to any rights you have to cancel as specified in the "Refund Policy" section below (section 9(g)), you can cancel specific Services or close your Gofox account at any time and for any reason. To close your Microsoft account, please visit https://gofox.eu. When you ask us to close your Gofox account, we will put it in a suspended state for 60 days just in case you change your mind. After that 60-day period, your Gofox account will be closed. See section 4(a)(iv)(2) below for an explanation as to what happens when your Microsoft account is closed. Logging back in during that 60-day period will reactivate your Microsoft account.
If your Gofox account is closed (whether by you or us), a few things happen. First, your right to use the Gofox account to access the App stops immediately. Second, we’ll delete Data or Your Content associated with your Gofox account or will otherwise disassociate it from you and your Gofox account (unless we are required by law to keep it, return it or transfer it to you or a third party identified by you). As a result, you may no longer be able to access any of the App functionalities and Your Content that you’ve created while you used the App.
Article 7 - Use of Content and Copyright
For purposes of these Terms, "Content" means any form of information, data or creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, tools, applications and any intellectual property therein, text, ideas, communications, replies, "likes", comments, software, scripts, related code (including but not limited to HTML, other mark-up languages, and all scripts), executable files, graphics, maps, training plans, drills, interactive features, copyrights, trademarks, branding, logos, and other similar assets, patents, sounds, applications and any intellectual property therein, any of which may be generated, provided, or otherwise made accessible on or through the Site and/or App.
All existing and new created Content by GR Services and/or Users on the Site and/or App are the property of GR Services. Site and App material may not be copied, reproduced, republished, reissued, uploaded, posted, transmitted or distributed in any way. Modification of the materials, or use of the materials for any other purpose is a violation of copyright and other proprietary rights. The use of any such material on any other Website, App or computer environment is prohibited. "www.gofox.eu", "Gofox App", "Gofox" logo and the "Gofox" mascot are service marks of GR Services.
All other trademarks, service marks, logos and mascots used on the Site and App are trademarks, service marks, logos or mascots of their respective owners. GR Services has made every effort to secure appropriate licenses and approvals for all proprietary intellectual properties used on the Site and App. You can notify GR Services of any alleged infringement of intellectual property rights by contacting GR Services, whose address appears in Article 1 of this GTCS.
Article 8 - Rules of Conduct for Interactive Areas
GR Service provides to or through the Site and/or the App interactive areas ("Interactive Areas") on field hockey. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, not GR Services, are entirely responsible for all Content that you upload, post, email or otherwise transmit using the App. GR Services does not control the Content posted using the Site and/or the App and as such does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Site and/or the App, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstance will GR Services be liable in any way for any Content, including, but not limited to, errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content uploaded, posted, emailed or otherwise transmitted or hosted using the Site and/or the App.
You acknowledge that GR Services does not pre-screen Content, but that GR Services shall have the right (but not the obligation) to refuse or move or delete any Content that is posted by using the Site and/or the App, including without limitation any Content that violates the Terms and Conditions of Use or is otherwise objectionable.
You agree that you must evaluate, and bear all rights and obligations associated with the use of any Content, including reliance on the accuracy, completeness or usefulness of such Content.
You also acknowledge and agree that GR Services may preserve or remove Content and may disclose Content, including information about your account or your use of the App, to any Third-Party if required to do so by law or in the good faith belief that such preservation, removal or disclosure is necessary to:
ANY RELIANCE ON CONTENT POSTED IN AN INTERACTIVE AREA IS AT YOUR OWN RISK.
You agree that it shall be a material breach of these Terms and Conditions if you are engaged in any of the following activities:
Article 9 - Links to Other Sites
The Site and/or the App may contain links to web sites of Third Parties ("Third-Party Sites"). These links are provided solely as a convenience to you and not as an endorsement by GR Services of the content on such Third-Party Sites. GR Services is not responsible for the content of linked Third-Party Sites and does not make any representations regarding the content or accuracy of materials on such Third-Party Sites. If you decide to access Third-Party Sites through links on the Site and/or the App, you do so at your own risk. Your use of Third- Party Sites is subject to the Terms and Conditions of use for those sites.
Article 10 - Advertisements
The Site and/or the App may contain advertisements by third parties, and these advertisements may contain links to other websites. Unless otherwise specifically stated, GR Services does not endorse any product or make any representation regarding the content or accuracy of any materials contained in, or linked to, any advertisement on the Site and/or App.
Article 11 - User Name and Password
It is up to each User to protect their username and password. The user is responsible for all activities that occur under its password. By accepting these terms and conditions you agree that GR Services takes no responsibility for fraudulent use of Gofox account whereby the username and password have been used to access the account. Should you feel your username and password have been compromised and/or are being used by another person, you must change your username and password immediately or contact Gofox without delay.
Article 12 – Termination
GR Services may terminate your registration on written notice or email, if you are in breach of any of the terms and conditions and fail to correct such breach within 10 days.
In the event of the use of the payments system being terminated for any user, that user will still be bound by the terms and conditions.
Termination of these terms and conditions for any reason shall not affect the accrued rights of the parties.
Article 13 - Indemnity
You agree to defend, indemnify and hold GR Services, its director, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Content, or the Interactive Areas in a manner that violates or is alleged to violate these Terms and Conditions. GR Services shall provide notice to you promptly of any such claim, suit, or proceeding, and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
Article 14 - General
GR Services is based in Belgium (see article 1). Access to the Content may not be legal by certain persons or in certain countries. If you access the Site and/or App outside Belgium, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
Article 15 - Applicable law and jurisdiction
In the event of a dispute, only the Court of First Instance of Walloon Brabant, Belgium is competent and you further agree and expressly give permission to the execution of personal jurisdiction in the Court of First Instance of Walloon Brabant, Belgium in the event of such dispute, including any claim relating to GR Services or its affiliates, subsidiaries, contractors, officers, director, telecommunications providers and content providers. Any unforeseen element which falls under Belgian case law and legislation, relating to reasons of force majeure, and independent of the will of GR Services, preventing the proper execution of the contract, may under no circumstances be invoked as a fault on the part of GR Services.
Article 16 - Complete Agreement:
Unless explicitly stated in a specific "legal notice" on the Site and/or the App, these terms and conditions constitute the entire agreement between Customer and GR Services with respect to the use of the Site and/or App and all content therein. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual function or meaning.
Article 17 - Contact Us
Should you experience technical difficulties in the use of our services, please use the Gofox Contact Form to submit your query.
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